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(영문) 서울중앙지방법원 2016.11.09 2015가단196593
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 12, 2006, with respect to Nos. 101 and 201 of the non-story Nos. 101 and 201 of the Jongno-gu Seoul Metropolitan Government Land Building (hereinafter “instant building”), the establishment registration of a mortgage was completed on September 12, 2006 with respect to the establishment of a mortgage at the New Bank Co., Ltd., the mortgagee-mortgage, the maximum debt amount of 1,560,000,000, and on August 18, 2006, with respect to No. 401 and 501 of the fourth floor, the establishment registration was completed on August 18, 2006 with regard to New Bank Co., Ltd., the mortgagee-mortgage, the maximum debt amount of which

B. On August 12, 2013, at the request of a new bank, a collateral security bank, a new owner of each of the above real estate, there was a decision to voluntarily commence the auction of real estate on August 12, 2013 (hereinafter “instant auction”), and the Defendant from the new bank, a stock company, on September 25, 2013.

The claims for each of the collateral security claims stated in the paragraph were taken over.

C. However, from 201, 401, and 501 of the instant building was classified into several residential officetels on December 20, 202 according to a report on the change of the purpose of construction and large-scale repair (However, there is no change in the register of register), Plaintiff A entered into a lease agreement with the term of 20,000 won, monthly rent of 407 out of 401, and the term of 400,000 won from July 16, 2012 to 15, and the term of 201,000 won from July 16, 2013 to 2016, after obtaining the fixed date of 407 days from July 17, 2012, Plaintiff B completed the lease agreement with the term of 10,01,000 won from 20,010,000 won to 301,000 won.

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